Stephen H. Glassley and Judith Glassley, et al. - Page 65

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          undertaken directly by him but also to expenditures paid or                 
          incurred for research or experimentation carried on in his behalf           
          by another person or organization".  On this record, we are not             
          persuaded that any research or experimentation performed on                 
          Turtleback I was conducted on JDP's behalf.  Rather, we are                 
          convinced that HJI operated an integrated jojoba farming                    
          operation in Hyder, Arizona, and that any research or                       
          experimentation conducted on Turtleback I was designed and                  
          implemented to aid HJI's entire jojoba enterprise.                          
               As discussed above, there is no evidence that Turtleback I             
          functioned independently of HJI.  Moreover, it is clear that from           
          its inception JDP was viewed as a part of HJI's jojoba farming              
          enterprise.  Indeed, the interrelationship of HJI and JDP can be            
          seen in the following responses Whittaker made to questions posed           
          to her on direct examination (by which petitioners were trying to           
          establish that it was anticipated that the purported research and           
          development program would lead to valuable discoveries (emphasis            
          added)):                                                                    
                    Q. [Counsel]  What would be the nature of the                     
               property interest, the intangible property interest                    
               that the discoveries might constitute?                                 
                    A. [Whittaker] I am sorry.  By the end of the                     
               program or through the program, I think the nature of                  
               the property would be technological expertise,                         
               information or knowledge.  The question of                             
               patentability and licensing I think is a twofold issue.                
               One is, is it proprietary or specific enough to be of                  
               the nature of being patentable, but really, more                       
               importantly or specific to our purposes, I did not, we                 
               did not consider that it was to the benefit of our                     




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